BILL NUMBER: SB 1318	CHAPTERED  09/20/00

	CHAPTER   562
	FILED WITH SECRETARY OF STATE   SEPTEMBER 20, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 11, 2000
	AMENDED IN ASSEMBLY   JUNE 27, 2000
	AMENDED IN ASSEMBLY   JUNE 12, 2000
	AMENDED IN ASSEMBLY   JUNE 1, 2000
	AMENDED IN ASSEMBLY   MAY 25, 2000
	AMENDED IN SENATE   MARCH 14, 2000

INTRODUCED BY   Senator Alpert
   (Principal coauthor:  Assembly Member Leach)
   (Coauthors:  Senators Karnette, Leslie, McPherson, and Rainey)
   (Coauthors:  Assembly Members Alquist, Cardoza, Havice, Kuehl,
Machado, Mazzoni, and Scott)

                        JANUARY 3, 2000

   An act to amend Section 2166.5 of the Elections Code, and to amend
Sections 6205, 6205.5, 6206, 6206.5, 6206.7, 6207, 6208.5, and
6209.7 of, to amend the heading of Chapter 3.1 (commencing with
Section 6205) of Division 7 of Title 1 of, and to repeal Section
6209.5 of, the Government Code, relating to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1318, Alpert.  Public records:  confidentiality.
   (1) Existing law establishes a program until January 1, 2005,
known as "Address Confidentiality for Victims of Domestic Violence"
which authorizes specified persons to complete an application
containing specified information in person at a community-based
victims' assistance program to be approved by the Secretary of State
for the purpose of enabling state and local agencies to respond to
requests for public records without disclosing a program participant'
s residence address contained in any public record, including the
program participant's voter registration, and requires the Secretary
of State to act as that person's agent for service of process and to
designate a substitute mailing address for program participants
pursuant to specified procedures that state and local agencies are
required to use at the request of a program participant.  Under
existing law, any person who makes a false statement in an
application is guilty of a misdemeanor and any person who is granted
confidentiality pursuant to these provisions may file a new affidavit
of voter registration or reregistration and be considered an absent
voter for subsequent elections until the county elections official is
notified otherwise by the Secretary of State or the voter.
   This bill would rename the program as "Address Confidentiality for
Victims of Domestic Violence and Stalking" and would add victims of
stalking to its provisions.  The bill would prescribe additional
supporting information for victims of domestic violence that may be
included in an application and additional supporting information for
victims of stalking that must be included in an application.  By
including victims of stalking, the bill would impose new duties on
local public officials and expand the scope of an existing crime,
thereby creating a state-mandated local program.
   (2) Existing law also requires the Secretary of State to notify
certain persons where there are specified court orders or court
actions under these provisions and provides that a program
participant who obtains a name change loses his or her certification
as a program participant.  Existing law also prohibits the county
clerk, upon notification, from making available for inspection or
copying the name and address of a program participant contained in
marriage applications and records filed under these provisions.
   This bill would revise the notification procedures and would
provide instead that a program participant's certification may be
terminated if he or she does not notify the Secretary of State of a
name change within 7 days.  The bill would also repeal the
prohibition relating to the county clerk.
   (3) This bill would incorporate additional changes in Section
2166.5 of the Elections Code or Sections 6205 and 6206.5 of the
Government Code proposed by AB 2214 or AB 205, that would become
operative only if either or both of those bills and this bill are
enacted and become effective on or before January 1, 2001, and this
bill is enacted last.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2166.5 of the Elections Code is amended to
read:
   2166.5.  (a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address and telephone
number appearing on the affidavit, or any list or roster or index
prepared therefrom, declared confidential upon presentation of
certification that the person is a participant in the Address
Confidentiality for Victims of Domestic Violence and Stalking program
pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7
of Title 1 of the Government Code.
   (b) Any person granted confidentiality under subdivision (a)
shall:
   (1) Be considered an absent voter for all subsequent elections or
until the county elections official is notified otherwise by the
Secretary of State or in writing by the voter.  A voter requesting
termination of absent voter status thereby consents to placement of
his or her residence address and telephone number in the roster of
voters.
   (2) In addition to the required residence address, provide a valid
mailing address to be used in place of the residence address for
election, scholarly, or political research, and government purposes.
The elections official, in producing any list, roster, or index may,
at his or her choice, use the valid mailing address or the word
"confidential" or some similar designation in place of the residence
address.
   (c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of
disclosure of the information that is the subject of this section
unless by a showing of gross negligence or willfulness.
   (d) Subdivisions (a) and (b) shall not apply to any person granted
confidentiality upon receipt by the county elections official of a
written notice by the address confidentiality program manager of the
withdrawal, invalidation, expiration, or termination of the program
participant's certification.
   (e) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 1.5.  Section 2166.5 of the Elections Code is amended to read:

   2166.5.  (a) Any person filing with the county elections official
a new affidavit of registration or reregistration may have the
information relating to his or her residence address, telephone
number, and E-mail address appearing on the affidavit, or any list or
roster or index prepared therefrom, declared confidential upon
presentation of certification that the person is a participant in the
Address Confidentiality for Victims of Domestic Violence and
Stalking program pursuant to Chapter 3.1 (commencing with Section
6205) of Division 7 of Title 1 of the Government Code.
   (b) Any person granted confidentiality under subdivision (a)
shall:
   (1) Be considered an absent voter for all subsequent elections or
until the county elections official is notified otherwise by the
Secretary of State or in writing by the voter.  A voter requesting
termination of absent voter status thereby consents to placement of
his or her residence address, telephone number, and E-mail address in
the roster of voters.
   (2) In addition to the required residence address, provide a valid
mailing address to be used in place of the residence address for
election, scholarly, or political research, and government purposes.
The elections official, in producing any list, roster, or index may,
at his or her choice, use the valid mailing address or the word
"confidential" or some similar designation in place of the residence
address.
   (c) No action in negligence may be maintained against any
government entity or officer or employee thereof as a result of
disclosure of the information that is the subject of this section
unless by a showing of gross negligence or willfulness.
   (d) Subdivisions (a) and (b) shall not apply to any person granted
confidentiality upon receipt by the county elections official of a
written notice by the address confidentiality program manager of the
withdrawal, invalidation, expiration, or termination of the program
participant's certification.
   (e) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 2.  The heading of Chapter 3.1 (commencing with Section 6205)
of Division 7 of Title 1 of the Government Code is amended to read:

      CHAPTER 3.1.  ADDRESS CONFIDENTIALITY FOR VICTIMS OF DOMESTIC
VIOLENCE AND STALKING

  SEC. 3.  Section 6205 of the Government Code is amended to read:
   6205.  The Legislature finds that persons attempting to escape
from actual or threatened domestic violence or stalking frequently
establish new addresses in order to prevent their assailants or
probable assailants from finding them.  The purpose of this chapter
is to enable state and local agencies to respond to requests for
public records without disclosing the location of a victim of
domestic violence or stalking, to enable interagency cooperation with
the Secretary of State in providing address confidentiality for
victims of domestic violence or stalking, and to enable state and
local agencies to accept a program participant's use of an address
designated by the Secretary of State as a substitute mailing address.

  SEC. 3.5.  Section 6205 of the Government Code is amended to read:

   6205.  The Legislature finds that persons attempting to escape
from actual or threatened domestic violence or stalking frequently
establish new names or addresses in order to prevent their assailants
or probable assailants from finding them.  The purpose of this
chapter is to enable state and local agencies to respond to requests
for public records without disclosing the changed name or location of
a victim of domestic violence or stalking, to enable interagency
cooperation with the Secretary of State in providing name and address
confidentiality for victims of domestic violence or stalking, and to
enable state and local agencies to accept a program participant's
use of an address designated by the Secretary of State as a
substitute mailing address.
  SEC. 4.  Section 6205.5 of the Government Code is amended to read:

   6205.5.  Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
   (a) "Address" means a residential street address, school address,
or work address of an individual, as specified on the individual's
application to be a program participant under this chapter.
   (b) "Domestic violence" means an act as defined in Section 6211 of
the Family Code.
   (c) "Stalking" means an act as defined in Section 646.9 of the
Penal Code.
   (d) "Program participant" means a person certified as a program
participant under Section 6206.
  SEC. 5.  Section 6206 of the Government Code is amended to read:
   6206.  (a) An adult person, a parent or guardian acting on behalf
of a minor, or a guardian acting on behalf of an incapacitated person
may apply to the Secretary of State to have an address designated by
the Secretary of State serve as the person's address or the address
of the minor or incapacitated person.  An application shall be
completed in person at a community-based victims' assistance program.
  The application process shall include a requirement that the
applicant shall meet with a victims' assistance counselor and receive
orientation information about the program. The Secretary of State
shall approve an application if it is filed in the manner and on the
form prescribed by the Secretary of State and if it contains all of
the following:
   (1) A sworn statement by the applicant that the applicant has good
reason to believe both of the following:
   (A) That the applicant, or the minor or incapacitated person on
whose behalf the application is made, is a victim of domestic
violence or stalking.
   (B) That the applicant fears for his or her safety or his or her
children's safety, or the safety of the minor or incapacitated person
on whose behalf the application is made.
   (2) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence, the
application may be accompanied by evidence including, but not
limited to, any of the following:
   (A) Police, court, or other government agency records or files.
   (B) Documentation from a domestic violence program if the person
is alleged to be a victim of domestic violence.
   (C) Documentation from a legal, clerical, medical, or other
professional from whom the applicant or person on whose behalf the
application is made has sought assistance in dealing with the alleged
domestic violence.
   (D) Any other evidence that supports the sworn statement, such as
a statement from any other individual with knowledge of the
circumstances that provides the basis for the claim, or physical
evidence of the act or acts of domestic violence.
   (3) If the applicant alleges that the basis for the application is
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of stalking, the
application shall be accompanied by evidence including, but not
limited to, any of the following:
   (A) Police, court, or other government agency records or files.
   (B) Legal, clerical, medical, or other professional from whom the
applicant or person on whose behalf the application is made has
sought assistance in dealing with the alleged stalking.
   (C) Any other evidence that supports the sworn statement, such as
a sworn statement from any other individual with knowledge of the
circumstances that provide the basis for the claim, or physical
evidence of the act or acts of stalking.
   (4) A statement of whether there are any existing court orders
involving the applicant for child support, child custody, or child
visitation, and whether there are any active court actions involving
the applicant for child support, child custody, or child visitation,
the name and address of legal counsel of record, and the last known
address of the other parent or parents involved in those court orders
or court actions.
   (5) A designation of the Secretary of State as agent for purposes
of service of process and for the purpose of receipt of mail.
   (A) Service on the Secretary of State of any summons, writ,
notice, demand, or process shall be made by delivering to the address
confidentiality program personnel of the Office of the Secretary of
State two copies of the summons, writ, notice, demand, or process.
   (B) If a summons, writ, notice, demand, or process is served on
the Secretary of State, the Secretary of State shall immediately
cause a copy to be forwarded to the program participant at the
address shown on the records of the address confidentiality program
so that the summons, writ, notice, demand, or process is received by
the program participant within three days of the Secretary of State's
having received it.
   (C) The Secretary of State shall keep a record of all summonses,
writs, notices, demands, and processes served upon the Secretary of
State under this section and shall record the time of that service
and the Secretary of State's action.
   (D) The office of the Secretary of State and any agent or person
employed by the Secretary of State shall be held harmless from any
liability in any action brought by any person injured or harmed as a
result of the handling of first-class mail on behalf of program
participants.
   (6) The mailing address where the applicant can be contacted by
the Secretary of State, and the phone number or numbers where the
applicant can be called by the Secretary of State.
   (7) The address or addresses that the applicant requests not be
disclosed for the reason that disclosure will increase the risk of
domestic violence or stalking.
   (8) The signature of the applicant and of any individual or
representative of any office designated in writing under Section
6208.5 who assisted in the preparation of the application, and the
date on which the applicant signed the application.
   (b) Applications shall be filed with the office of the Secretary
of State.
   (c) Upon filing a properly completed application, the Secretary of
State shall certify the applicant as a program participant.
Applicants shall be certified for four years following the date of
filing unless the certification is withdrawn or invalidated before
that date.  The Secretary of State shall by rule establish a renewal
procedure.
   (d) Upon certification, in any case where there are court orders
or court actions identified in paragraph (4) of subdivision (a) of
Section 6206 and there is no other or superseding court order
dictating the specific terms of communication between the parties,
the Secretary of State shall, within 10 days, notify the other parent
or parents of the address designated by the Secretary of State for
the program participant and the designation of the Secretary of State
as agent for purposes of service of process.  The notice shall be
given by mail, return receipt requested, postage prepaid, to the last
known address of the other parent to be notified.  A copy shall also
be sent to that parent's counsel of record.
   (e) A person who falsely attests in an application that disclosure
of the applicant's address would endanger the applicant's safety or
the safety of the applicant's children or the minor or incapacitated
person on whose behalf the application is made, or who knowingly
provides false or incorrect information upon making an application,
is guilty of a misdemeanor.  A notice shall be printed in bold type
and in a conspicuous location on the face of the application
informing the applicant of the penalties under this subdivision.
  SEC. 6.  Section 6206.5 of the Government Code is amended to read:

   6206.5.  (a) The Secretary of State may cancel a program
participant's certification if there is a change in the residential
address from the one listed on the application, unless the program
participant provides the Secretary of State with at least seven days'
prior notice of the change of address.
   (b) The Secretary of State may cancel certification of a program
participant if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
   (c) The Secretary of State shall cancel certification of a program
participant who applies using false information.
   (d) Any records or documents pertaining to a program participant
shall be retained and held confidential for a period of three years
after termination of certification and then destroyed.
  SEC. 6.5.  Section 6206.5 of the Government Code is amended to
read:
   6206.5.  (a) The Secretary of State may cancel program participant'
s certification if there is a change in the residential address from
the one listed on the application, unless the program participant
provides the Secretary of State with at least seven days' prior
notice of the change of address.
   (b) The Secretary of State may cancel a program participant's
certification if the program participant changes his or her name from
the one listed in the application and fails to notify the Secretary
of State of the name change within seven days of the change.
   (c) The Secretary of State may cancel certification of a program
participant if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
   (d) The Secretary of State shall cancel certification of a program
participant who applies using false information.
   (e) Any records or documents pertaining to a program participant
shall be retained and held confidential for a period of three years
after termination of certification and then destroyed.
  SEC. 7.  Section 6206.7 of the Government Code is amended to read:

   6206.7.  (a) A program participant may withdraw from program
participation by submitting to the address confidentiality program
manager written notification of withdrawal and his or her current
identification card.  Certification shall be terminated on the date
of receipt of this notification.
   (b) The address confidentiality program manager may terminate a
program participant's certification and invalidate his or her
authorization card for any of the following reasons:
   (1) The program participant's certification term has expired and
certification renewal has not been completed.
   (2) The address confidentiality program manager has determined
that false information was used in the application process or that
participation in the program is being used as a subterfuge to avoid
detection of illegal or criminal activity or apprehension by law
enforcement.
   (3) The program participant no longer resides at the residential
address listed on the application, and has not provided at least
seven days' prior notice in writing of a change in address.
   (4) A service of process document or mail forwarded to the program
participant by the address confidentiality program manager is
returned as nondeliverable.
   (5) The program participant obtains a legal name change and fails
to notify the Secretary of State within seven days.
   (c) If termination is a result of paragraph (1), (3), (4), or (5)
of subdivision (b), the address confidentiality program manager shall
send written notification of the intended termination to the program
participant.  The program participant shall have five business days
in which to appeal the termination under procedures developed by the
Secretary of State.
   (d) The address confidentiality program manager shall notify in
writing the county elections official and authorized personnel of the
appropriate county clerk's office, county recording office, and
department of health of the program participant's certification
withdrawal, invalidation, expiration, or termination.
   (e) Upon receipt of this termination notification, authorized
personnel shall transmit to the address confidentiality program
manager all appropriate administrative records pertaining to the
program participant and the record transmitting agency is no longer
responsible for maintaining the confidentiality of a terminated
program participant's record.
   (f) Following termination of program participant certification as
a result of subdivision (b), the address confidentiality program
manager may disclose information contained in the participant's
application.
  SEC. 8.  Section 6207 of the Government Code is amended to read:
   6207.  (a) A program participant may request that state and local
agencies use the address designated by the Secretary of State as his
or her address.  When creating a public record, state and local
agencies shall accept the address designated by the Secretary of
State as a program participant's substitute address, unless the
Secretary of State has determined both of the following:
   (1) The agency has a bona fide statutory or administrative
requirement for the use of the address which would otherwise be
confidential under this chapter.
   (2) This address will be used only for those statutory and
administrative purposes and shall not be publicly disseminated.
   (b) A program participant may request that state and local
agencies use the address designated by the Secretary of State as his
or her address.  When modifying or maintaining a public record,
excluding the record of any birth, fetal death, death, or marriage
registered under Division 102 (commencing with Section 102100) of the
Health and Safety Code, state and local agencies shall accept the
address designated by the Secretary of State as a program participant'
s substitute address, unless the Secretary of State has determined
both of the following:
   (1) The agency has a bona fide statutory or administrative
requirement for the use of the address which would otherwise be
confidential under this chapter.
   (2) This address will be used only for those statutory and
administrative purposes and shall not be publicly disseminated.
   (c) A program participant may use the address designated by the
Secretary of State as his or her work address.
   (d) The office of the Secretary of State shall forward all
first-class mail and all mail sent by a governmental agency to the
appropriate program participants.  The office of the Secretary of
State shall not handle or forward packages regardless of size or type
of mailing.
   (e) Notwithstanding subdivisions (a) and (b), program participants
shall comply with the provisions specified in subdivision (d) of
Section 1808.21 of the Vehicle Code if requesting suppression of the
records maintained by the Department of Motor Vehicles.  Program
participants shall also comply with all other provisions of the
Vehicle Code relating to providing current address information to the
department.
  SEC. 9.  Section 6208.5 of the Government Code is amended to read:

   6208.5.  The Secretary of State shall designate state and local
agencies and nonprofit agencies that provide counseling and shelter
services to victims of domestic violence or stalking to assist
persons applying to be program participants.  Any assistance and
counseling rendered by the office of the Secretary of State or its
designees to applicants shall in no way be construed as legal advice.

  SEC. 10.  Section 6209.5 of the Government Code is repealed.
  SEC. 11.  Section 6209.7 of the Government Code is amended to read:

   6209.7.  (a) Nothing in this chapter, nor participation in this
program, affects custody or visitation orders in effect prior to or
during program participation.  A program participant who falsifies
his or her location in order to unlawfully avoid custody or
visitation orders is subject to immediate termination from the
program and is guilty of a misdemeanor.
   (b) Participation in the program does not constitute evidence of
domestic violence or stalking for purposes of making custody or
visitation orders.
  SEC. 12.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 13.  Section 1.5 of this bill incorporates amendments to
Section 2166.5 of the Elections Code proposed by both this bill and
AB 2214.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2001, (2) each
bill amends Section 2166.5 of the Election Code, and (3) this bill is
enacted after AB 2214, in which case Section 1 of this bill shall
not become operative.
  SEC. 14.  Section 3.5 of this bill incorporates amendments to
Section 6205 of the Government Code proposed by both this bill and AB
205.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 6205 of the Government Code, and (3) this bill is
enacted after AB 205, in which case Section 3 of this bill shall not
become operative.
  SEC. 15.  Section 6.5 of this bill incorporates amendments to
Section 6206.5 of the Government Code proposed by both this bill and
AB 205.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 6206.5 of the Government Code, and (3) this bill is
enacted after AB 205, in which case Section 6 of this bill shall not
become operative.
